Advisory Council
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FOI Advisory Council opinion AO-01-19
Access to health records is addressed by FOIA and other specific laws outside of FOIA. Where the laws differ, the more specific provisions are controlling.
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FOI Advisory Council Opinion AO-02-19
A public body engaged in dispute resolution proceedings may hold closed meetings under the exemptions for discussion of actual or probable litigation and consultation with legal counsel on specific legal matters. However, it does not appear that FOIA or the various laws concerning dispute resolution have considered or addressed situations where two or more public…
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FOI Advisory Council Opinion AO-06-18
It is possible that electronic mail message headers could include legal advice and information protected by the attorney-client privilege exempt from mandatory disclosure pursuant to subsection 2 of § 2.2-3705.2. That exemption includes advice from legal counsel to officers of a public body as well as employees of the public body, and does not place…
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FOI Advisory Council Opinion AO-07-18
Application forms for medical cannabis pharmaceutical processor permits that are maintained by the Board of Pharmacy are not subject to the disclosure requirements of FOIA pursuant to § 54.1-108.
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FOI Advisory Council Opinion AO-05-18
A custodian may require a requester of public records to provide his legal name and address and may attempt to verify that a requester is a citizen of the Commonwealth, a representative of newspapers and magazines with circulation in the Commonwealth, or a representative of radio and television stations broadcasting in or into the Commonwealth.…
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FOI Advisory Council Opinion AO-04-18
Discusses general open meetings requirements of public bodies and their committees as well as obligations of public bodies in response to a request for public records. A public body is not required to record open meetings itself but must afford the public the opportunity to record the meetings. A committee of a public body is…
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FOI Advisory Council Opinion AO-08-18
Discusses the use of the contract negotiations and economic development records exemptions. FOIA allows a records custodian to disclose exempt records in his discretion. Also discuss the working papers exemption as it applies to Cabinet Secretaries.
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FOI Advisory Council Opinion AO-03-18
The definition of “public body” includes, among other entities, “any committee, subcommittee, or other entity however designated, of the public body created to perform delegated functions of the public body or to advise the public body.” A budget task force appointed by a school superintendent that advises the superintendent is not a “public body” under…
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FOI Advisory Council Opinion AO-02-18
A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and the exemption(s) which allow the meeting to be closed. A motion that fails to identify the subject, or lacks any other element, is insufficient. There is no general exemption for public bodies to discuss police…
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FOI Advisory Council Opinion AO-01-18
FOIA provides that public records must be disclosed except as otherwise specifically provided by law. Tax code provisions such as § 58.1-3 are “as otherwise specifically provided by law.” The statutory authority of this office is limited to FOIA matters.
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FOI Advisory Council opinion AO-07-17
Following the policy and procedures of FOIA, all public records, including procurement records, must be disclosed upon request unless an exemption or other specific provision of law allows the records to be withheld.
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FOI Advisory Council Opinion AO-06-17
The FOIA Council’s first opinion under its new executive director, Alan Gernhardt, tackles the three-day notice rule for public meetings.
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FOI Advisory Council Opinion AO-05-17
An organization, corporation, or agency in the Commonwealth that receives two-thirds (66.6%) or greater support from public funds is considered to be "supported … principally by public funds" and therefore is a "public body" subject to FOIA. Prior opinions advised measuring an entity's level of funding at the time a request is made, but did…
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FOI Advisory Council Opinion AO-04-17
The Greater Williamsburg Chamber and Tourism Alliance is (for now) a public body subject to FOIA's records and meetings provisions because it receives 68% of its funding from local government budget appropriations. Should the local government funding drop below 66% of the total budget, the alliance would cease to be a public body subject to…
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FOI Advisory Council Opinion AO-03-17
A motion to convene a closed meeting must identify the subject of the meeting, the purpose of the meeting, and the exemption(s) which allow the meeting to be closed. A motion that fails to identify the subject, or lacks any other element, is insufficient.
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FOI Advisory Council Opinion AO-02-17
FOIA prohibits voting at public meetings by secret or written ballot as well as voting by telephone or other electronic communication means. However, FOIA does not address the use of electronic voting systems that use computer software to cast, record, and publicly display the votes at a public meeting. Whether such a system comports with…
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FOI Advisory Council Opinion AO-01-17
Opinion summarizes the requirements for responding to a request. A failure to respond to a request for public records is deemed a denial and a violation of FOIA. The statutory remedy for a violation is to file a petition for mandamus or injunction in general district or circuit court. The Newport News Economic/Industrial Development Authority…
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FOI Advisory Council Opinion AO-03-16
Generally, requests for information (RFI’s) are preliminary to a procurement transaction or contract negotiations, and not directly part of such transactions or negotiations. FOIA does not contain any specific exclusion from mandatory disclosure that would allow information received in response to an RFI to be withheld. Whether other exclusions apply to such information, such as…
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FOI Advisory Council Opinion AO-02-16
A motion to convene a closed meeting that contains a general reference to the subject matter to be discussed does not satisfy the requirement to identify the subject. If a member feels that a closed meeting discussion strays beyond the matters identified in the motion to convene, that member shall make a statement to that…
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FOI Advisory Council Opinion AO-01-16
Records that have been prepared by or for the Office of the Governor for personal or deliberative use may be withheld as working papers. However, if those records are disseminated by the Office of the Governor to another agency for that agency’s use in carrying out its statutory duties, then the records may not be…
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FOI Advisory Council Opinion AO-08-15
Body worn and dashboard video recordings made by law enforcement are public records subject to FOIA. The application of exemptions from mandatory disclosure depends on the contents of the video. Duty to redact is in question following Virginia Supreme Court ruling in 2015.
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FOI Advisory Council Opinion AO-07-15
Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.
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FOI Advisory Council Opinion AO-06-15
A local governing body may not convene a closed meeting in order to discuss the salaries of the members pursuant to the personnel closed meeting exemption.
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FOi Advisory Council Opinion AO-05-15
Meeting minutes must include a summary of the discussion on matters proposed, deliberated or decided, and a record of any votes taken. A verbatim transcript is not required. A public body has the discretion to include specific comments made at the meeting or not so long as the minutes include the required summary and record…
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FOI Advisory Council Opinion AO-04-15
A public body does not have to create a new record that does not already exist, but may abstract or summarize information under such terms and conditions as agreed between the requester and the public body. Clear and concise communications are critical when making and responding to requests.